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32D Cong....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

COMMITTEE ON CLAIMS.

at the late session.

way of commissions $160,000; and the Govern

ation of the Senate. The first is, that it was conment will have to pay besides, by way of exchange, Mr. BRODHEAD. I submit the following cluded by Mr. Hise without the authority of this more than $160,000. This is benefiting foreigners | resolution:

Government. That may be true, but it is the first at the expense of our own citizens, who, as I am Resolved, that the clerk to the Committee on Claims be time I have ever heard it urged as a valid reason informed, offered to supply the Government at $15 continued as heretofore, until otherwise ordered by the for withholding from the consideration of the Senper ton, delivered where the article was needed. I Sepate, to be employed in completing and keeping up the

ate a treaty the objects and provisions of which index and digest of the reports of the committee authorized do not intend, in what I have said, to reflect upon by the resolution of March, 1851, and in such other duties

were desirable. The treaty with New Granada, the Secretary of the Navy at all. The late Sec- as the committee may require.

which he so warmly commends in his speech, was retary of the Navy, as I understand, had nothing to do with it. Nor had his predecessor in office. | lution. In 1850, the Senate, on the motion of the nicating the treaty to the Senate, and the Senator

I presume there can be no objection to the reso

made by Mr. Bidlack without authority. Presi

dent Polk stated this fact in his message commuI wish to be understood here, and that I do not intend to reflect upon either of those officers in the tion continuing this clerk for the purpose of making from Delaware has read that message and incorof the purest integrity, and eminently qualified for

a classified index of the proceedings of the Senate porated it into his speech. He therefore knew the discharge of the duties of their high position.

on claims. The index will be completed by the that fact when he gave as a reason for withholdI understand these contracts are made by the Bu- meeting of the next Congress. I understand it is ing the Hise treaty, that it was made without about three fourths done. The Committee on

authority, reau of Construction and Supply, at the instance Claims has unanimously instructed me to submit

The treaty of peace with Mexico, to the proof the commander of the squadron, who probably | this resolution to the Senate, and ask for its consid- visions of which the Senator has also referred on preferred English to American coal. All I desire eration now.

another point, was entered into by Mr. Trist, not is the facts, and for that purpose I have offered the resolution; and I hope, as it is a matter of inquiry consent, and agreed to.

The resolution was considered by unanimous only without authority, but in bold defiance of the

instructions of our Government to the contrary. merely, that it may be considered now.

The administration of President Polk did not feel The resolution was considered by unanimous

DEBATES IN THE SENATE.

at liberty to withhold these two treaties from the consent, and agreed to.

Mr. BADGER submitted the following resolu- Senate, merely because they were made without COMMITTEE ON INDIAN AFFAIRS. tion for consideration:

authority or in defiance of instructions, for the Mr. SEBASTIAN. I submit the following lished in the Daily National Intelligencer, the full debates | by the treaty were desirable, and the provisions

reason that the objects intended to be accomplished

Resolved, That the Secretary of the Senate have pubresolution, and ask for its consideration now: and proceedings of the Senate for the late legislative session, I could be so modified by the Senate as to make the

and pay the same compensation therefor as is allowed to Resolved, That all business heretofore referred to the

details conform to the objects in view. It may not the Union and Globe, and pro rata for what has been reCommittee on Indian Affairs and not reported on, or otherwise definitively disposed of, be again referred to said comported and published in the Intelligencer during the present

be amiss for me to remind the Senator from DelaCongress.

ware, that he was a member of the Senate at the mittee, with like power and authority possessed by them

CAPTAIN MARCY'S REPORT.

time the Mexican treaty was submitted for ratifica

tion, and that he voted for it, notwithstanding it Mr. MASON. I submit to the Senator from Mr. CHASE submitted the following resolu

was concluded in opposition to the instructions of Arkansas that the Senate at this session is not tion for consideration; which was referred to the

our Government. If, therefore, the Senator has competent to enter upon any business of a legis-Committee on Printing:

any respect for the practice of the Government here. lative character, which, of course, requires the

Resolved, That two thousand additional copies of the re- tofore, or for his own votes recorded upon the very concurrence of the House of Representatives. port of Captain R. B. Marcy, of his exploration of the

point in controversy, he is not at liberty to object The scope of the resolution would appear to con

waters of the Red river, ordered to be printed by the reso-
Jution of the Senate of the 4th of February last, be printed

io the treaty upon the ground that it was concluded fer on the committee the same powers which it

for the use of the Senate; two hundred copies of which to by our diplomatic agent without authority. had during the late session. If there are any be furnished to Captain Marcy; and that two hundred I understand the rule to be this: whenever the special matters which should be referred to the copies of the report of Captain Sitgreaves, ordered to be committee, and which would not require the con- printed for the use of the Senate, be furnished to Captain treaty is made in pursuance of instructions, the

Sitgreaves. currence of the House, I have no objection to it.

Executive is under an implied obligation to submit Mr. SEBASTIAN. I am aware of the fact

CLAYTON-BULWER TREATY.

it to the Senate for ratification. But if it be en

tered into without authority, or in violation of suggested by the Senator. This resolution is to The Senate resumed the consideration of the || instructions, the Administration are at liberty to extend to the committee the powers in reference resolutions submitted on Monday by Mr. Claro | reject it unconditionally, or to send it to the Sento special subjects which it had during the late

ate for advice, amendment, ratification, or rejecsession. I allude particularly to the matter of the Mr. DOUGLAS. I have nothing to do with the tion, according to their judgment of its merits. inquiry into the conduct of the Superintendent of controversy which has arisen between the Senator Whether the Hise treaty was perfect in all its proIndian Affairs in Minnesota.

from Delaware (Mr. Clayton) and my venera- visions, or contained obnoxious features, is not The PRESIDENT. The Chair would suggest ble friend from Michigan, (Mr. Cass,) who is now the question. It furnished conclusive evidence to the Senator to modify his resolution so as to absent in consequence of the severe illness of one that the Government of Nicaragua was willing make it refer to that subject.

nearest and dearest to him. We all know enough and anxious to confer upon the United States the Mr. WELLER. There is another committee of that Senator to be assured that when he shall | exclusive and perpetual privilege of controlling which I should like to have continued with the be in his place, he will be prompt to respond to the canal between the Atlantic and Pacific oceans, same powers that it had at the late session. I any calls that may be made upon him. Neither instead of a partnership between us and the Euallude to the Committee in relation to the Mexican have I anything to do with the dispute which has | ropean Powers. The Senator from Delaware Boundary Commission. It has been unable to grown up among Senators in respect to the bound- || (then Secretary of State) had the opportunity of report; and for the purpose or giving it an oppor- | ary of Central America, and the position of the securing to his own country that inestimable privtunity to report, I should like to have that resolu- British settlement at the Balize. 1 leave that in ilege, either by submitting the Hise treaty to the tion so modified as to include it.

the hands of those who have made themselves par- Senate, with the recommendation that ii be so The PRESIDENT. The Senator from Cali- ties to the controversy. Nor shall I become a modified as to obviate all the objections which he fornia can move to amend the resolution.

party to the discussion upon the issue between the deemed to exist to some of its provisions, or by Mr. WELLER. After it is disposed of, I can Senator from Delaware and the chairman of the making a new treaty which should embrace the offer one providing for the committee to which I Committee on Foreign Relations, in their report principle of an exclusive and perpetual privilege allude.

on that question. Not having been present when without any of the obnoxious provisions. He Mr. SEBASTIAN. I will modify the resolu- the committee made their report, and not yet hav- did not do either. He suppressed the treaty-retion by insertingin it after “ Committee on Indian ing had the opportunity of reading it, I leave the fused to accept of an exclusive privilege to his own Affairs," the words “and pertaining to the busi- chairman of the committee to vindicate his posi- || country and caused a new treaty to be made, ness of the Executive session.”

tions, as I doubt not he will prove himself abund-which should lay the foundation of a partnership The PRESIDENT. The Chair will suggest to antly able to do. I have, therefore, only to ask between the United States and Great Britain and the Senator that it had better be offered in Execu- the attention of the Senate to such points as the the other European Powers. tive session.

Senator from Delaware has chosen to make against The next reason assigned for withholding the Mr. SEBASTIAN. The object of the resolu- a speech delivered by me a few weeks ago in this Hise treaty from the Senate is, that it has not been tion is to continue the duties of the committee in Chamber.

approved by Nicaragua. It is true that Nicaragua reference to the investigation of the charges against

The Senator seems to complain that I should I did not ratify that treaty; but why did she fail to the Superintendent of Indian Affairs in Minne- have questioned the propriety of withholding from do so? I showed conclusively in the speech to sota; and that was brought before us in open ses- the consideration of the Senate what is known as which the Senator was replying that the non-apsion.

the Hise treaty, and the substitution of the Clayton proval was in consequence of his instructions, as The resolution was then adopted.

and Bulwer treaty in its place. Those two treaties Secretary of State, to Mr. Squier, our chargé INDIAN ANNUITIES.

presented a distinct issue of great public concern d'affaires to Nicaragua. It required the whole

to the country; and it was a difference of opinion influence of the representative of our Government Mr. SEBASTIAN submitted the following res. between him and me as to which system of policy in that country to prevent the ratification and olution; which was considered by unanimous con- should prevail. I advocated that system which approval of the Hise treaty by the State of Nicarsent, and agreed to:

would secure to the United States the sole and agua. Sir, it is not a satisfactory reason for supResolved, that the Secretary of the Interior be directed exclusive privilege of controlling the communica- pressing the treaty, therefore, that it had not been to furnish a statement of the amounts paid as annuities un. tion between the two oceans. He substituted that ratified by the other party, when the non-ratificader the different treaties with the Choctaw tribe of Indians, specifying the amount and date of each payment, and in

other policy which opened the privilege to a part-tion was produced by the action of the agent of cluding the interest on investments under the treaty of

nership between the United States and Great Bri- this Government in pursuance of instructions. 1837; together with a statement in detail of the expendi- tain. The Senator has assigned various reasons Mr. CLAYTON. I desire distinctly to under: tures under the various treaty provisions for education. for withholding the Hise treaty from the consider- || stand the Senator. If I understood him, he said

New SERIES.No. 17.

TON.

320 CONG.....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

OF COMME

that Mr. Hise's treaty was rejected in consequence was a contract between the local government and still it is better to have it right than wrong. If the of Mr. Squier's interference. the capitalists. Not a treaty at all.

Senator will only read the last paragraph, he will Mr. DOUGLAS. Yes, sir.

Mr. DOUGLAS. The Senalor's explanation see that the charter or grant of the right of way Mr. CLAYTON. And then I understand him is doubtless satisfactory to himself. He may im- which Mr. Squier was instructed to see was not to say that Mr. Squier did it by instruction. agine that it will suit his present purposes to place | incautiously made, was a very different thing, inMr. DOUGLAS. Yes, sir.

upon his instructions the construction for which | deed, from the treaty; and he will see that that is Mr. CLAYTON. Now will the Senator sub- he now contends; but it is wholly unwarranted by the thing which I directed the minister to look to, mit the proof to substantiate that assertion? I the language he employed. His instructions as I stated, and endeavored to be understood yesknow of no such instruction.

speak of securing the right of way to "us. " To || terday, and as I was anxious to be understood by Mr. DOUGLAS. I will do that with a great

whom did he allude in the word ' us?” Did he the gentleman on this point—what I instructed the deal of pleasure. Mr. Hise was sent to the Cen- refer to the capitalists, proprietors, and specula- | minister to look to was that the contract of these tral American States by Mr. Polk. He negotiated tors, who should become the owners of the char- || capitalists should not be such as would enable a treaty, with the State of Nicaragua—the treaty ter? Was he one of the company, and therefore them to extort from persons using the canal. The in question on the 21st of June, 1849. Prior to authorized to use the word "us,'' when speaking || last sentence of the instruction applies, if he will that time he had been recalled, and Mr. Squier had of the rights and privileges to be acquired of a look at it, exclusively to the case of the contract, been appointed by the Administration which suc- foreign nation through his agency as Secretary of and not to that of the treaty: ceeded that of President Polk. Mr. Hise had || State? I have supposed that Mr. Squier was sent One remark more: How is it possible for the received no knowledge of his removal; no instruc- to Central America to represent the United States || gentleman to reconcile the fact, that the State Detions from the new Administration at the time when and to protect our rights and interests as a nation. partment could know or imagine that Mr. Hise he made the treaty. In the instructions which the I have always done the Senator from Delaware had made a treaty on the 2d of May, 1850, when Secretary of State gave to Mr. Squier on the 2d the justice to believe that when he gave those in- those instructions were given, when, in point of of May, 1849, when he was about to proceed to structions to Mr. Squier he was acting on behalf | fact, Mr. Hise was not heard from until June Central America to supersede Mr. Hise, you will of his country to secure the right of way for a afterwards? How could I imagine any such thing? find that he was directed to “claim no peculiar || canal to the UNITED STATEs, and not to a few And again: how could I possibly suppose that Mr. privilege; no exclusive right; no monopoly of com- | capitalists and speculators under the title of "us." Hise had made a treaty, or was going to make a mercial intercourse" for the United States. I will | For the honor of our country I will still do him treaty, when the records of the State Department read from the letter of instructions:

that justice, notwithstanding his disclaimer. His showed me the instructions given to him by Mr. “ We should naturally be proud of such an achievement

instructions also speak of the right of way to Buchanan, in which he tells Mr. Hise to make as an American work ; but if European aid be necessary to “nations,”and caution Mr. Squier to see " that no no treaty whatever with Nicaragua ? If the genaccomplish it, why should we repudiate it, seeing that our exclusive privileges are granted to any nation,” &c. tleman can reconcile these things, I should be object is as honest as it is openly avowed, TO CLAIM NO PE

It is plain, therefore, that in the instructions rela- happy to hear him. CULIAR PRIVILEGE; NO EXCLUSIVE RIGHT; NO MONOPOLY

CIAL INTERCOURSE, but to see that the work is tive to the securing the right of way for a canal to Mr. DOUGLAS. I will have less difficulty in dedicated to the benefit of mankind, to be used by all on the the nations of the earth, Mr. Squier was directed reconciling these things with my views of his insame terms with us, and consecrated to the enjoyment and to see that no exclusive privilege was granted to structions than he will with his construction of diffusion of the unnumbered and inestimable blessings which must flow from it to all the civilized world?”

any other nation, and not to claim any peculiar them. I have already shown that the instructions

advantages for our own. Then follows the con- related to the right of way to nations and not to inThen, sir, after having instructed Mr. Squier cluding paragraph which has been read:

dividuals; that they were in favor of equal rights as to the character of the treaty which he was to

“If a charter or grant of the right of way shall have been

to all nations, and opposed to any peculiar priviform-a treaty which was to open the canal to incautiously or inconsiderately made before your arrival in leges to our own country. Is it not as reasonable the world—a treaty which was to give us no pe

the country, seek to have it properly modified to answer the to suppose that the instructions meant what they culiar privilege, and secure to us no exclusive ends we have in view."

said, as it is to conceive that our minister wan diright,-after giving that instruction, the Secretary Modified how? If before the arrival of Mr. rected to procure the modification of contracts in the concluding paragraph says:

Squier in the country, Mr. Hise shall have ac- previously entered into with individuals, and for If a charter or grant of theright of way shall have been

quired a charter or grant which shall secure pecu- the observance of which Nicaragua was supposed INCAUTIOUSLY OR INCONSIDERATELY made before your ar- liar privileges or exclusive rights for this country, to have pledged her faith as a nation? Was our Tival in that country, SEEK TO HAVE IT PROPERLY MODI. he was to seek to have it so modified as to open minister sent there to represent individuals in their FIED TO ANSWER THE ENDS WE HAVE IN VIEW."

the same rights and privileges to all other nations schemes of procuring charters and contracts on Mr. CLAYTON. Is that the passage? on equal terms. This is what I understand to be the private account, or to interfere with and prevent Mr. DOUGLAS. That and the other together. meaning of those instructions, and it is clear that the faithful observance of such contracts as that

Mr. CLAYTON. I endeavored to correct the Mr. Squier understood them in the same way, for Government might previously have made with our misapprehension of the honorable Senator yester- when Mr. Squier arrived in Nicaragua, and dis- own citizens or others? While this supposition day in reference to that. That is not an instruc- covered by a statement in a newspaper of the might extricate the Senator from his present diffition to the minister to Central America in regard Isthmus that Mr. Hise was about making a treaty culty on this point, it would not tend to elevate to the treaty made by Mr. Hise, or any other for a canal, without knowing what its terms were, the character of our diplomacy during his admintreaty. It is a direction to the minister to Central without waiting to ascertain

its provisions, he sent istration of the State Department. ì think I do America to see that any contract which had been at once a notice to the Government of Nicaragua, the Senator more justice by the construetion I have made by the local government should be so made that Mr. Hise was not authorized to treat-tirat put upon his conduct than he does by his own exas not to be assignable. If the gentleman will he did not understand the policy and views of the || planation. read the context, he will see at once that that does new Administration—that he had been recalled, But, sir, I wish to know whether I understand not allude to a treaty. It is merely, I say again, and that any treaty he might make must be con- the Senator now? Does he wish now to be unan instruction to the minister in that country to sidered and treated as an unofficial act. He com

derstood as saying that he preferred an exclusive look to it, that the capitalists who were about to municated this protest to the Secretary of State on privilege to his own country to a partnership with construct the canal should not speculate upon the the same day, and then proceeded to his point of England? work. There is nothing there touching a treaty; destination, where he made a treaty for the right Mr. CLAYTON. No, sir. nothing whatever. The gentleman is entirely of way for a canal to all nations on the partner- Mr. DOUGLAS. Ah! then as he did not premistaken. The whole instruction is in reference ship plan in pursuance of his instructions. These fer the exclusive privilege to a partnership with to the character of the contract or charter. two treaties--the Hise treaty and the Squier trea- the European Powers, does he wish the Senate to

Mr. DOUGLAS. I will read the preceding ty-were in the Department of State at ihe same understand that he did not mean to convey his sentence, and we will see then who is mistaken: time—the one having arrived about the middle true idea in his instructions? If he preferred the

“ If they do not agree to GRANT US PASSAGE on reasona- of September, and the other about the first of partnership to the exclusive privilege, was it not ble and proper terms, refuse our protection and our coun- October. It then became the duty of the Senator his duty to make known that wish in his instruetenance to procure the contract from Nicaragua”.

from Delaware, as Secretary of State, to decide tions? 'Why should he complain when I show Mr. CLAYTON. If the gentleman will look between them: in other words, to determine that by his instruction he said precisely what he at the context which goes before, he will see that whether he would accept of an exclusive privi- || now avows to be his policy upon that subject? the word “ they” refers to the capitalists. lege to his own country, or enter into partnership Why, sir, I am defending the consistency of his

Mr. DOUGLAS. I will read what goes be- | with the monarchies of Europe. He did deter- own opinions, according to his present views, by fore:

mine that question, and his decision was in favor showing that his instructions embraced what he “See that it is not assignable to others; that no erclusive

of the partnership, and against his own country | says now was his true policy-in favor of a partprivileges are granted to ANY NATION that will not agree to having the exclusive control of the canal. nership with other nations, instead of an exclusive the same treaty stipulations with Nicaragua ; that the tolls Then, sir, I think I was authorized to say what || privilege to our own country. to be demanded by the owners are not unreasonable or oppressive; that no power be reserved to the proprietors of

I did say, that the non-ratification of the Hise But, sir, whatever may have been his meaning the canal or their successors to extort at any time hereafter, || treaty by the Government of Nicaragua was pro- || in those instructions, it is undeniable that Mr. or unjustly to obstruct or embarrass the right of passage. cured by the agent of General Taylor's adminis- | Squier understood them as 1 now do, and acted This will require all your vigilance and skill. If they do tration in that country, and that the agent acted upon them accordingly. Hence, as I have already not agree to grant us passage on reasonable and proper terms, refuse our protection and our countenance to procure

under the authority of this Government. He cer- remarked, before he arrived upon the theater of the contract from Nicaragua. If a charter or grani of the

tainly acted in obedience to what he understood to his operations, and upon the mere authority of a right of way shall have been incautiously or inconsiderately be his instruction, and that is, the instruction, || newspaper paragraph, that Mr. Hise was about made before your arrival in that country, seek to have it that if such a charter had been incautiously granted making such a treaty, he sent ahead a messenger properly modified to answer the ends we have in view."

to seek to have it modified to conform to the ends to inform the Government of Nicaragua that Mr. Mr. CLAYTON. The honorable Senator will had in view, as stated in the instruction.

Hise had no authority to treat upon the subjectobserve that that does not refer to a treaty. The Mr. CLAYTON. Will the Senator allow me that he had been recalled—thai he was not ingrant of the right of way was a different thing. It to interrupt him? It is not a very material point, ll formed of the views and purposes of the new Ad320 Cong.....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

ministration--and that whatever treaty he made with a view to its ratification; and, if that enlightened body vote to strike out the obnoxious features in the must be regarded and treated as an unofficial

should approve it, he also will give it bis hearty sanction, I treaty was unanimous. Not one man in the body,

and will exert all his constitutional power to execute its act and requesting that “new negotiations may provisions in good faith-a determination in which he may

not even the Senator from Delaware, dared to afbe entered upon at the seat of Government." confidently count upon the good will of the people of the firm those clauses or vote to keep them in the treaty. The new negotiations were immediately opened United States."

Having perfected it so as to suit the views of about accordingly, and on the 3d of September termin- Here we find the true reason assigned for with- four fifths of the Senate, it was ratified with the ated in a treaty, which was a substitute for that holding the Hise treaty from the Senate. It was vote of the Senator recorded in the affirmative, acwhich Mr. Hise had previously made. I do not to induce Great Britain to enter into partnership cording to my recollection. understand that the Hise treaty was formally re

with us.

Lord Palmerston is informed that if If, therefore, the Senator from Delaware had jected or disavowed by the Government of Nicar- | Great Britain refuses our offer of a partnership, followed the practice which he sanctioned by his agua. It was treated as an unofficial act-a mere that “ we shall deem ourselves justified in protect- own vote in the case of the Mexican treaty, he nullity-upon the authority of Mr. Squier's pro- *ing our interests independently of her aid, and in would have sent the Hise treaty to the Senate for test. I again submit the question to the Senate, despite of her opposition or hostility," and that amendment and ratification, even if the details therefore, whether I am noi fully justified in the “ with a view to this alternative,"we held the Hise had been obnoxious to all the objections he now statement that the non-approval of the Hise treaty | treaty in reserve, to be submitted to the Senate for urges to them. For this reason I do not deem it by the Government of Nicaragua was in conse- ratification or not, dependent upon the decision of necessary to occupy the time of the Senate in requence of the action of the agent of this Govern- Great Britain in relation to the partnership. This ply to his objections relative to making a canal ment in that country, under the instructions of the is the only reason assigned for withholding the outside the limits of the United States, or the creSenator from Delaware as Secretary of State? I treaty from the Senate. The pretext that it was ation of a company either by Congress or the am only surprised that he should atiempt to avoid made without authority is expressly negatived by || President for that purpose. I care not whether the responsibility of the act, since, when hard the threat to accept the exclusive privilege, in the these provisions were admissible or inadmissible. pressed in this discussion, he has been driven into event that England refuses to enter into the part- It is not material to the argument. It can have ihe admission that he preferred a partnership with nership. Not a word of objection that it guaran- no bearing upon the question. The Hise treaty the monarchies of the Old World to an exclusive tees the independence of Nicaragua! But the tes- was evidence of one great fact, which should never privilege for his own country. If such were his timony does not stop here. This same dispatch be forgotten, and that fact is that Nicaragua was opinions and preferences, he was bound by every furnishes affirmative evidence-conclusive and un- willing and anxious to grant to the United States consideration of duty and patriotism to have given deniable—that the “ guarantee " constituted no forever the exclusive right and control over a ship the instructions, and produced the result which I portion of his objection to the Hise treaty-was

canal between the two oceans. The Secretary of have attributed to him. Why not avow that which not deemed objectionable by him at that time-but, State (Mr. Clayton) knew that fact. If the dehe now acknowledges to have been his purpose, on the contrary, was looked upon with favor, and tails were not acceptable to him, he could have in obedience to what he conceived to be his duty actually proposed by Mr. Clayton himself as a availed himself of the main provision and made I only ask him to assume the responsibility and desirable provision which might be incorporated the details to suit himself; I confine myself, thereconsequences of his own conduct, and then to as

into a treaty for the protection of the canal! Ifore, to the great point, that you might have had sign such reasons as he may be able in justifica- | read from the same dispatch:

the exclusive privilege if you had desired it. You tion.

“ YOU MAY SUGGEST, FOR INSTANCE, THAT THE UNITED

refused it with your eyes open, and took a partThe next reason which he gives for suppressing | States AND GREAT BRITAIN SHOULD ENTER INTO A nership in lieu of it. All about the details is a the Hise treaty is totally inconsistent with the first. TREATY GUARANTEEING THE INDEPENDENCE OF NICAR

matter of moonshine. You could have modified He alleges that the clause guaranteeing the inde

AGUA, Honduras, and Costa Rica, which treaty may also
guarantee to British subjects the privileges acquired in those

them to suit yourself before sending the treaty to pendence of Nicaragua was wholly inadmissible, States by the treaties between Great Britain and Spain, pro- the Senate, or you could have followed the example and could never receive his sanction. In a report vided that the limits of those States on the east be acknowl- of Mr. Polk, in the case of the Mexican trealy, which was communicated to the House of Repre-edged to be the Caribbean Sea.”

and sent it to the Senate with the recommendation sentatives in 1850, he assigned the same reason, Now, sir, let me ask the Senator from Delaware that the details be thus modified. and stated that such a guarantee was a departure | what becomes of his pretext that he deemed the All this talk about obnoxious features and objecfrom our uniform policy, and had no precedent in | guarantee of the independence of Nicaragua an tionable provisions-about guarantees of independour history except in the one case of the French | insuperable objection to the Hise treaty? Have I ence and want of authority to make the treatycolonies in America.

not proven by his own dispatches, written at the must be regarded as miserable attempts avoid Of course courtesy requires me to acknowledge time, that such an idea could never have entered the main point at issue. Why this pitiful equivthat the Senator really believes that this was one his brain when he determined to withhold the ocation, if the Senator was really in favor of the of the reasons which induced him to withhold the treaty from the Senate?—that it was un afterthought | European partnership in preference to the exclusive Hise trealy from the Senate. I must be permitted, | upon which he has since seized as an excuse for | privilege for the United States, as all his acts prove taken; that the clause in question did not constitute ) view to another object, and for different reasons? and conclusively prove—was the case? If he thinks an objection in his mind at that time; that it is an I will now proceed to consider the fourth ob. his policy was right, why not frankly avow the afterthought which he has since seized hold of to ljection made by the Senator to the Hise treaty. truth, and justify upon the merits? I am not to justify an act which he had previously performed He goes on to criticise its various provisions, de- be diverted from my purpose by his assaults upon upon totally different grounds. The evidence of nounces them as ridiculous, as absurd, as uncon- the administration of President Polk, nor by his these facts will be found recorded in a dispatch stitutional, and he puts the question with an air of array of great names in opposition to the views | written by the Senator from Delaware, as Secre- triumph whether ihere was a man in this body entertain. History will do justice to Mr. Polk tary of State, on the 20th of October, 1849, to who would have voted for all the provisions of that and Mr. Buchanan upon this as well as all other Mr. Lawrence, our Minister to England. The doc- treaty: Sir, I have no fancy for that species of questions connected with their administration of ument containing this dispatch was printed and laid | special pleading, which attempts to avoid the real the Government. In the speech to which the upon our tables a few days since, and is entitled issue by a criticism upon mere details which are Senator prosessed to reply, I did not make an alSenate Ex. Doc. No. 27. It will be remembered, ) subject to modification at pleasure. Does not the lusion to party politics. I do not think the term that the Hise treaty was communicated to the De- Senator know that when a treaty is made, the objects Whig or Democrat can be found in the whole partment of State on the 15th of September, and of which are desirable, while ihe details are inad. speech. I am sure that it does not contain a parthe Squier treaty about the first of October of the missible, the practice has been to send it to the Sen- tísan reference to the state of political parties in same year. On the 20th of October, Mr. Clay- ate, that the object may be secured and the details the country during the period to which my reton (in the dispatch to which I refer) discussed so modified as to conform to the ends in view ?

marks applied. I attempted to discuss the quesour relations with the Central American States at Whoever supposed before that a treaty, desirable tion upon its merits, independent of the fact great length-among other things communicated in its leading features, was to be rejected by the whether my views might come in conflict with to Mr. Lawrence the substance of these two Department, merely because there was an obnox

those professed by either of the great parties, or treaties—and directed him to make the same known ious provision in it. I could turn upon the Senator entertained by the great men of our country at to Lord Palmerston:

with an air of as much triumph, if I had practiced some former period. I should have been better sat“ If, however, the British Government shall reject these it as well, and ask him if there was a man in this l isfied if the Senator had pursued the same course, overtures on our part, and shall refuse to coöperate with us

body who would have voted for the Mexican instead of calling upon Jackson, Polk, and Buchin the generous and philanthropic scheme of rendering the interoceanic communication by the way of the port and

treaty of peace as it was sent to us by the Execu-anan, and sheltering himself behind their great river San Juan free to all nations upon the same terms, we

tive? Do we not all know that the treaty which names, while attempling to detract from their fame shall deem ourselves justified in protecting our interests in- was ratified by about four fifths of the Senate came by representing them as having sacrificed the independently of her aid, and despite her opposition or hogtility. With a view toʻthis alternative, we have a treaty

to us in a shape in which it could not receive one terests and honor of their country, with the State of Nicaragua, a copy of which has been sent

solitary vote upon either side of the Chamber? Mr. CLAYTON. I deny it. There was not to you, and the stipulations of which you should unreserv- Do we not know that Mr. Polk in his message one word in my speech which went to arraign Mr. ediy impart to Lord Palmerston. You will inform him, communicating the treaty intimated that fact, and Polk or General Jackson, or any body. There was called the attention of the Senate to the obnoxious

nothing like a party spirit in the speech. If the or instruction from this Government; that the President had no knowledge of its existence, or of the intention to form

provisions? While it contained provisions which gentleman so understood me, he entirely misunderit, until it was presented to him by Mr. Hise, our late chargé would exclude the President from the possibility

stood me.

I stated the fact that Mr. Polk and Mr. d'affaires to Guatemala,

1st of September last; of ever ratifying it, which would have prevented Buchanan had been applied to by the local governand thal, consequently, we are not bound to ratify it, and will take no step for that purpose, if we can, by arrange

every Senator from giving his sanction to it, yet ment of Nicaragua for the intervention of this ments with the British Government, place our interests

inasmuch as the main objects of the treaty met the Government to protect it from the aggressions of upon a just and satisfactory foundation. But, if our effort approval of the President, and it was only mat- | the British. I stated, and proved the fact, that the for this end should be abortive, the President will

ters of detail that were obnoxious and inadmissi- | Monroe doctrine had never been carried out that tate to submit this or some other treaty which cluded by the present chargé d'affaires to

ble, he sent it to the Senate that its details might || Mr. Polk on that occasion had declined to interSenate of the United States for their advice

be made to harmonize with its objects. Sir, the fere; but I disclaimed entirely assailing him, and

а

ut th

not

Guatemala,

and

hesimay be con

to the consent,

320 CONG....30 Sess.

Special Session— Clayton-Bulwer Treaty.

SENATE.

endeavored to reconcile his whole course of con- protectorate? What power has she surrendered? what other Power on earth will be willing to stand duct as being consistent with what he stated in the What functionary has she recalled? What por- forward and do that which England concedes it House of Representatives on the Panama mission. tion of the country-what inch of territory has prudent not to attempt? I may be permitted to Mr. DOUGLAS. I accept the explanation. It she given up? Will the Senator from Delaware

say,

therefore, that the only issue that I desire to is perfectly satisfactory, but I am very unfortu- inform me what England has abandoned in pur- see at this time, upon our foreign relations, as nate in apprehending the menning of language. suance or by virtue of the Clayton and Bulwer they are now presented to me, is upon the Bay He said that Mr. Polk had avowed himself in treaty? I can show him where she has extended || Island colony: and let us require that that be disfavor of asserting the Monroe doctrine. He then her possessions since the date of that treaty, and continued, and that the terms of our treaty stipusaid that Mr. Polk had abandoned and refused to in contempt of its stipulations. I can point him lations be obeyed and fulfilled. When that issue carry it out when this question arose. He said to the seizure of the Bay Islands and the erection shall have been made and decided in our favor, the President of Nicaragua, to use his own lan- of them into a colony; to the extension of her we will not have much need for general resoluguage, “ poked that declaration into Mr. Polk's jurisdiction in the vicinity of the Balize; to her tions about the Monroe doctrine in future. own teeth.”

invasion of the territory of Honduras on the main But, sir, this was a digression. The point that Mr. CLAYTON. I used no such word. land; and to the continuance of her protectorate I was coming at was this: that while it has been

Mr. DOUGLAS. At least, that he thrust it over the Mosquito coast. I can point him to a a matter of boast for years that the Clayton and into his teeth.

series of acts designed by Great Britain to increase Bulwer treaty drove Great Britain out of Central Mr. CLAYTON. I did not.

her power and extend her possessions in that quar- | America, she has not surrendered an inch; and Mr. DOUGLAS. Well, never mind about the ter. Will he point me to any one act by which what is more, she is now proposing negotiations precise word. At all events, he went on to show she has reduced her power or curtailed her posses.

with us with a view to new arrangements, by that Mr. Polk was pledged to the Monroe doc- sions? He boasts of having expelled the British | which she shall hereafter give up her protectorate. trine, that he failed to carry it out, that no Admin- || from Central America. Will he have the kind- || Yes, sir, your late Secretary of State and Presiistration ever carried it out, that it had been aban- ness to inform the Senate how, when, and where | dent, Everett and Fillmore, have communicated doned whenever a question arose which gave an this has been effected? Where is the evidence to to Congress the fact that the British Minister was opportunity for carrying it into effect. When he sustain this declaration ? I called for information proposing new negotiations, new arrangements, chose to put Mr. Polk into the position of making on this point in my speech the other day. The || by which Great Britain shall hereafter give up declarations and violating them, making protests Senator replied to all other parts of that speech in that which the Senator makes it a matter of pride and abandoning them, making threats and never detail and at great length. Of course, want of that he had secured by his treaty. That is a litexecuting them, I very naturally supposed, ac- time was the reason for his omission to respond | tle curious. I do not understand this congratulacording to the notion of a western man, that he to these pertinent inquiries.

tion of having accomplished a great and wonderwas attacking him. (Laughter.]

Mr. CLAYTON. No, sir; I replied to it, but || ful object, by the expelling of the British lion Mr. CLAYTON. I endeavored to show that the Senator was out of his seat.

from ihe place where Mr. Polk allowed him to Mr. Polk had made his recommendation to the Mr. DOUGLAS. I was in my seat the most of come and abide, and still a new negotiation or a Congress of the United States that he was per- the time the Senator was speaking on that part of new arrangement is deemed necessary to secure fectly justifiable in not considering that as the estab- the subject. Now, sir, in regard to this Bay Island that which the Senator from Delaware boasts of lished doctrine of the country, because the Con- | colony, I may be permitted to say, although it having accomplished long since ! gress of the United States had never adopted it. is by the way of digression from the line of ar- England professes to be desirous of surrendering On that principle I endeavored to reconcile the gument which I was inarking out for myself, that her protectorate. Then, why does she not do it? course of Mr. Polk with itself. The gentleman it presents a clear case not only in derogation of the The British Minister proposes to open negotiahas undertaken to represent me as assailing Mr. Monroe doctrine, but in direct violation and con- tions by which England shall withdraw her auPolk, when if he had paid attention to what I tempt of the Clayton and Bulwer treaty. I will do thority from Central America, and the late Secresaid-unfortunately he was out during the greater the Senator the justice to say, that the Bay Island tary of State (Mr. Everett) entertains the propoportion of the time I was discussing the subject- colony has not been erected in pursuance of the sition favorably, while the Senator from Delaware he would have seen that I was endeavoring to treaty, but in derogation of its provisions. The congratulates the country upon his having effected prove that the course of that President of the Uni- | question arises, Are we going to submit tamely to the desired end in his treaty three years ago. ted States, in this particular, was not liable to the the establishment of this new colony? If we ac. If Messrs. Everett and Fillmore were correct exception which is taken to it; that he was not quiesce in it we submit to a double wrong-a con- in entertaining Mr. Crampton's proposition for a bound by the declaration of the Monroe doctrine travention of our avowed policy in regard to Euro- new arrangement, certainly the Senator from Delunless Congress adopted it, because he was not pean colonization on this continent; and secondly, aware is at fault in saying that his treaty expelled the Government.

a palpable and open violation of the terms and the British from Central America. My opinion, Mr. DOUGLAS. Of course I accept the ex- stipulations of the Clayton and Bulwer treaty. If as to whether it did expel them or not, is a matter planation of the Senator with a great deal of pleas- we tamely submit to this twofold wrong, the less of not much conseqnence. I have always thought ure, and I am gratified to know that I misappre- we say henceforth in regard to European coloniza- the language of the treaty was so equivocal, that hended him; but it really did appear to me that Ition on the American continent, the better for our no man could say with certainty, whether it did was justified in putting that construction upon own credit,

abolish the protectorate or not. One clause seemed what he said, inasmuch as he went on to show Here is a case where we must act if we ever to abolish it; another seemed to recognize its exthat when he came into the State Department, he intend to act. I do not wish to make an issue | istence, and to restrain its exercise; and you could found Great Britain with her protectorate over the with England about the Balize;-she has been in make as good an argument on one side as the Mosquito coast, and spreading over more than | possession there longer than our nation has existed other. But I gave notice at the time the treaty half of Central America; that during Mr. Polk's as an independent Republic. I do not wish to was ratified, that I would take the American side, administration, and while he was negotiating the make an issue with her in regard to Jamaica, be- and stand by the Senator from Delaware in claimtreaty of peace with Mexico, Great Britain seized cause she cannot surrender it upon our demand | ing that England was bound to quit; but our late the town of San Juan, at the mouth of the proposed without dishonor, and she is bound to fight if Secretary of State and the President, (Everett and canal, and that Mr. Polk and Mr. Buchanan re- driven to an extremity on that point. I do not Fillmore,) think otherwise; and now it becomes a mained silent, without even a protest against this want to make an issue with her in reference to any question whether new negotiations to accomplish unjustifiable aggression; and when he denounced colony she has upon the continent or adjacent to that very desirable object are necessary or not. that seizure as an act originating in hostility to this it, where she may be said to have had a long and Mr. President, I return to the point which I country, to cut off communication with our Pacific || peaceful possession. Sir, if I was going to make was discussing when the Senator interrupted me, possessions; and when he said that it would have the issue on any one of these points, I would and led me off in this digression, to wit: That the been wiser to have closed the door and shut out pursue a more manly course by declaring war at simple question presented in this matter, when the British lion, than to allow him to enter unre- once instead of resorting to such an expedient. I stripped of all extraneous circumstances, was this: sisted, and then attempt to expel him; and when would make the issue solely and distinctly on the Should we have accepted when tendered, an exhe boasted of having expelled the British lion after | Bay Island colony, for the reason that there she clusive right of way forever from one ocean to Mr. Polk and Mr. Buchanan had permitted him is clearly in the wrong, the act having been done the other? The Senator from Delaware thought to enter the house in contempt of their declaration in violation of her plighted faith. It was done in not, and the administration of General Taylor of the Monroe doctrine, I really thought that he contempt of our avowed policy. She cannot jus- sustained him in his view of the question. I was attempting to censure Mr. Polk for letting the tify it before the civilized world, and therefore, thought we ought to have embraced the offer lion come in; but it seems I was mistaken. He dare not fight upon such an issue. England will which tendered us the exclusive control forever did not mean that, and not meaning it, upon my fight us when her honor compels her to do it, and over this great interoceanic canal. word I do not know what he did mean by it. she will fight us for no other cause. We can re- The Senator attempts to sustain his position by [Laughter.)

quire Great Britain to discontinue the Bay Island | quoting the authority of General Jackson and Mr. When I heard all this, and much more of the colony, and I call upon the friends of the Clayton | Polk. Sir, he is unfortunate in his quotation. I same lenor, it occurred to me that it amounted to Bulwer treaty, whose provisions are outraged by | do not think that, fairly considered, he has any a pretty good arraignment of Mr. Polk and his that act, to join in the demand that that colony be such authority. I am aware that in 1835 that Administration; and that his object was to glorify i discontinued. Upon that point we are in the right: Senator offered a resolution in this body, which himself and General Taylor, at the expense of England is in the wrong; and she cannot, she dare was adopted, recommending a negotiation to open Mr. Buchanan and Mr. Polk, by accusing the not fight upon it. And, sir, when England backs the Isthmus to all nations, and that General Jacklatter of having tamely submitted to British aggres- out of one colony upon our remonstrance, it will son sent out a Colonel Biddle to collect and report sions of great enormity, which the former promptly be a long time before she will establish another information on the subject; but when the resolurebuked by expelling the British from Central upon this continent without consulting us. And, tion was adopted, the question was then presented America. "Let me ask him the question_did the sir, when England shall have refrained from in- under circumstances very different from those Clayton and Bulwer treaty expel the British from terfering in the affairs of the American continent which existed when the Senator suppressed the Central America ? Has England abandoned her without consulting the wishes of this Government, Hise treaty. At that time the Central American 320 CONG.....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

cause.

States had granted to the Netherlands the privilege ence of that power he has proved the right of the an American question with which England had no of making a canal. Others had already secured Government to do the same thing for the benefit ! right to interfere. It was an American question the privilege, and in that point of view it was of American citizens, omitting England and British about which Europe had no right to be consulted. reasonable to suppose that the most we could do subjects.

Are we under any more obligation to consult Euwas to get an equal privilege with European na- Sir, as I before said, I have no special fondness | ropean Powers about an American question than tions. That was not the case presented when the for this special pleading about the peculiar provis- the allied Powers were, in their Congress, to conexclusive privilege was offered to us, and the offer ions of a treaty, when the real point was the ex- sult us, when establishing the equilibrium of Eudeclined by the Senator from Delaware, without tent of the privilege which we should accept. rope by the agency of the Holy Alliance? Amerconsulting ihe Senate.

Now, sir, I was in favor of an exclusive privilege, | ica was not consulted then. Our name does not But there is no evidence that General Jackson and I will tell you why. I desired to see a canal appear in all the proceedings. It was a European entertained even the opinions attributed to him. made; and when made, I desired to see it under question, about which it was presumed America Colonel Biddle, who was appointed by General the control of a Power enabled to protect it. I had nothing to say. This question of a canal in Jackson to explore the routes and collect and re- desired to see it open to the commerce of the || Nicaragua, when negotiations were pending to port information, availed himself of his official po- whole world, under a sound and sage protection. I give to us, was so much an American question sition to obtain from New Granada an exclusive How was that to be done, except by an exclusive that the English Government was not entitled to privilege to himself and his associates on private privilege to ourselves? Then, let us open it to the be consulted. England not consent! She will account. When the existence of this private con- commerce of the world on such terms and condi- consent to allow you to do that just so long as you tract came to the knowledge of the Secretary of tions as we should deem wise, just, and politic. consent to allow her to hold Canada, the BermuState, Mr. Forsyth, he reprimanded our chargé at

Could we no open it to the commerce of the das, maica, and her other American posses. New Granada, for having given any countenance world as well by our volition as England could in sions. I hope the time has arrived when we will to it. And why? Not because it' contained an || conjunction with us? Would it not be as credit- not be told any more that Europe will not consent exclusive privilege to the United States, for it did able to us as a nation to have acquired it our- to this, and England will not consent to that. I not give us any privilege. Mr. Biddle had been selves, and then opened it freely, as to have gone heard that argument till I got tired of it when we sent out there to get information to be laid before into a partnership by which we should have no were discussing the resolutions for the annexation the Administration. He had no power to nego- control in prescribing the terms upon which it of Texas. I heard it again on the Oregon question, tiate-no authority to open diplomatic relations. should be opened? And besides, if the grant had | and I heard it on the California question. It has He had no power to take any one step in procur- been made to us, and we had accepted it, and then been said on every occasion whenever we have had ing the privilege. He made use of his official thrown it open to the commerce of all nations on an issue about foreign relations, that England position, and, in the opinion of the Administration, our own terms and conditions, we held in our hands would not consent; yet she has acquiesced in whatabused it, by securing a private grant to himself, a right which would have been ample security for ever we have had the courage and the justice to do. without the authority, protection, or sanction of every nation under heaven to keep the peace with And why? Because we kept ourselves in the right. the Government of his own country.

the United States. The moment England abused England was so situated with her possessions on Mr. Forsyth was indignant because his agent the privilege by seizing any more islands, by es- this continent, that she dare not fight in an unjust bad disobeyed his authority, and turned the public || tablishing any more colonies, by invading any We would have been in the right to have employment into a private speculation. That is more rights, or by violating any more treaties, we accepted the privilege of making this canal, and not the question presented here. That contract would use our privilege, shut up the canal, and England would never have dared to provoke a did not give the United States the privilege at all. exclude her commerce from the Pacific. We controversy with us. I think the time has come It gave it to Colonel Biddle and his associates. would hold a power in our hands which might be when America should perform her duty according But I find nothing in that transaction, and in all exercised at any moment to preserve peace and to our own judgment, and our own sense of justice, the public documents relating to it, to show that prevent injustice. Peace and progress being our without regard to what European Powers might General Jackson would have refused the exclusive aim, we should still have continued to be the only say with respect to it. I think this nation is privilege to his own country if it had been ten- Government on earth whose public policy from | about of age. I think we have a right to judge dered to him.

the beginning has been justly and honestly to en- for ourselves. Let us always do right, and put How is it, then, with Mr. Polk? According to force the laws of nations with fidelity towards all the consequences behind us. my recollection of the facts, New Granada had the nations on earth. Sir, when you surrendered But, sir, I do not wish to detain the Senate upon granted the privilege of making a canal to a French- that exclusive right, you surrendered a great ele- this point, or to prolong the discussion. I have a man by the name of Du Quesne-I will not be ment of power which in our hands would have been word or two to say in reply to the remarks of the certain of his name and it was desirable to get wielded in the cause of justice for the benefit of Senator from Delaware upon so much of my permission to carry the mails across there. The mankind.

speech as related to the pledge in the Clayton and grant had gone into the possession of a citizen of I was not for such a restrictive policy as would Bulwer treaty, never to annex any portion of that a foreign Power, and the most that our Govern- exclude British vessels from going through the country. I objected to that clause in the treaty, ment could ask, was to be put upon an equal foot- || canal, or the vessels of any other nation which upon the ground that I was unwilling to enter ing with that other Power. It did not present should respect our rights. I would let them all into a treaty stipulation with any European Powers the question of the privilege being tendered to us, pass freely, as long as they did not abuse the in respect to this continent, that we would not and we refusing to accept it.

privilege; close it against them when they did. I do, in the future, whatever our duty, interest, But I shall take no time in going into a vindi- insist that the American people occupy a position || honor, and safety, might require in the course of cation of those Administrations. In the remarks on this continent which rendered it natural and events. The Senator infers that I desire to annex that I made the other day, I chose to vindicate my proper that we should exercise that power. I had Central America because I was unwilling to give own course without reference to past Administra- no fear of a war with England. I have none now. a pledge that we never would do it. He reminded tions or present party associations, and I will War should be avoided as long as possible. But, me that there was a clause in the treaty with Mexpursue the same line of debate now. One word sir, you need have no apprehension of a war with ico containing the stipulation, that in certain conupon the point, niade by the Senator, that the her, for the reason that if we keep in the right, tingencies we would never annex any portion of Hise treaty was unconstitutional. Was it not she dare not fight us, and she will not, especially Mexico. Sir, it was unnecessary that he should constitutional to accept the exclusive privilege to for anything relating to American affairs. She remind me of that provision. He has not forthe United States? If it was not, and his consti. knows she has given a bond to keep the peace, I gotten how hard I struggled to get that clause out tutional objection is valid, it goes a little too with a mortgage on all her real estate in America of the treaty where it was retained in opposition to far. If you have no right to accept an exclusive as collateral security, and she knows she forfeits my vote. Had the Senator given me his aid then privilege to us under the Constitution, what right her title to the whole, without hope of redemption, to defeat that provision in the Mexican treaty, I had you to take a partnership privilege in com. if she commits a breach of the bond. She will || would be better satisfied now with his excuse for pany with Great Britain? If you have no right not fight unless compelled. We could have for- | having inserted a still stronger pledge in his treaty. io take the privilege for the benefit of American tified that canal at each end, and in time of war But having advocated that pledge then, he should citizens alone, what_rig have you to take one could have closed it against our enemies, and not attempt to avoid the responsibility of his own for the benefit of Englishmen and Americans opened it at our own pleasure. We had the power act by citing that as a precedent. I was unwilling jointly! If you have no right to make a treaty of doing it; for the Hise treaty contained provis- to bind ourselves by treaty for all time to come by which you will protect an American company | ions for the construction of fortifications at each never to annex any more territory. I am content in making that canal, what right had you to make terminus and at such points along the line of the for the present with the territory we have. I do a treaty by which you pledged yourselves to pro- canal as we thought proper. We had the privi- not wish to annex any portion of Mexico now. tect a British company in making that canal! ! | lege of fortifying it, and we had the right to close I did not wish to annex any part of Central Amerchoose to put the Senator upon the defensive, and it against any Power which should abuse the ica then, nor do I at this time. let him demonstrate his right to do this thing jointly | privilege which we conferred.

eyes to the history of with England, and then I will draw from his argument my right to do it for the benefit of America ance of that exclusive privilege? I do not see it, years ago the question was being debated in this alone. 'I choose to put him in the position of sir. I know what were the private arguments urged Senate whether it was wise or not to acquire any, demonstrating the existence of the constitutional in times which have gone by, and which I trust territory on the west bank of the Mississippi power. He, in his treaty, exercised the power. I never will return; and that is, that England and river, and it was then contended that we could have not. And he, having exercised the power, other European Powers never would consent that never, with safety, extend beyond that river. having pledged the faith of the nation to do an act, the United States should have an exclusive right | It was at that time seriously considered whether I have a right to call upon him to show the au- to the canal. Well, sir, I do not know that they | the Alleghany mountains should not be the barthority, under the Constitution of the United would have consented; butof one thing I am certain, rier beyond which we should never pass. At a States, to make a guarantee jointly with England I would never have asked their consent. When subsequent date, after we had acquired Louisiana for the benefit of English subjects as well as Nicaragua desired to confer the privilege, and and Florida, more liberal views began to prevail, American citizens; and when he proves the exist. 1 when we were willing to accept it, it was purely Il and it was thought that perbaps we might venture

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